Amit Chaudhary And Others vs State & Another
2008 Latest Caselaw 1201 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRL.M.C.No.2445/2008

%                 Date of decision : 31.07.2008


Amit Chaudhary and Others                  ....... Petitioners
                      Through:      R.S. Mahla, Advocate along with
                                    petitioner No.1 in person.


                                Versus

State & Another                            ......... Respondents
                        Through :   Mr.R.N. Vats, APP for State along
                                    with SI Satish Bhali.
                                    Mr.Ambar Qamruddin, Advocate
                                    for respondent No.2 along with
                                    respondent No.2 in person.


CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR

      1.    Whether reporters of Local papers may           YES
            be allowed to see the judgment?
      2.    To be referred to the reporter or not?          NO
      3.    Whether the judgment should be reported         NO
            in the Digest?

ANIL KUMAR, J.

*

Petitioner No.1, husband, and respondent No.2, wife, are present

with their counsel. Learned counsel for the parties state that the

matter between the parties has been resolved amicably and the

marriage between the petitioner No.1 and respondent No.2 has been

dissolved by a decree of divorce dated 14th July, 2008 on the ground of

mutual consent under Section 13 B(2) of Hindu Marriage Act, 1955.

Under the settlement, respondent No.2 is entitled for Rs.7.50 lakh out

of which Rs.5.00 lakh was paid earlier and Rs.2.50 lakh has been paid

to her today in the court by the demand draft bearing No.810904 dated

09.07.2008 drawn on ICICI Bank Limited, Connaught Place, New Delhi,

for Rs.2.50 lakh.

Learned counsel for the parties state that in view of the

settlement no useful purpose shall be served in continuing with the

proceedings pursuant to FIR No.62/2008 under Sections 406/498A of

IPC registered at Police Station Chitranjan Park, New Delhi, against

petitioners.

Let the statement of respondent No.2 be recorded, who is

identified by her counsel.

Statement of respondent No.2 has been recorded. The disputes

between the petitioner No.1 and respondent No.2, who were husband

and wife, has been resolved. The marriage between the petitioner No.1

and respondent No.2 has already been dissolved by a decree of divorce

dated 14th July, 2008 on the ground of mutual consent under Section

13 B(2) of Hindu Marriage Act, 1955. It is apparent that no useful

purpose shall be served in continuing with the proceedings pursuant to

FIR No.62/2008 under Sections 406/498A of IPC registered at Police

Station Chitranjan Park, New Delhi against petitioners.

Considering the facts and circumstances, it shall also be in the

interest of justice to quash the said FIR and all the proceeding

emanating therefrom. Learned Additional Public Prosecutor, Mr.Vats,

also has no objection to the quashing of the FIR.

Therefore, in the totality of facts and circumstances, FIR

No.62/2008 under Sections 406/498A of IPC registered at Police

Station Chitranjan Park, New Delhi, and all the proceedings emanating

therefrom against petitioners are quashed.

The petition is disposed of.

Dasti.

July 31, 2008                                       ANIL KUMAR, J.
'Dev'